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Home My WebLink AboutMiscellaneous - 32 PADDOCK LANE 4/30/2018 (3) ` ,rQ Kul-, FOR /� Lt�rOn DATE/ Lr M /C��z'1 a OF�--R �i9dgQ l 7 PHONED FAx �ry RETURNED PHONE MOBILE YOUR CALL AREA CODE NUMBER EXTENSION MESSAGE � - LEASE CALL WILL CALL . AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGNED JLL�S. FORM 4002 � f V s. ` NORTh -� Town of North Andover Ot Office of the Conservation Department 0 oW. Community Development and Services Division p . i ,r 27 Charles Street ��SSA�HUS�t North Andover,Massachusetts 01845 Alison McKay Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 September 8,2005 Kevin Duffy 32 Paddock Lane North Andover,MA 01845 RE: ENFORCEMENT ORDER-Replacement &Installation of Private Well Dear Mr. Duffy, On Friday September 2, 2005 I conducted a site inspection on your property per your request for the replacement of your existing well to a new location. Prior to this inspection, you had informed me via a telephone conversation that the well installer had started work without the proper approvals from this department and the Board of Health. Upon my inspection, I observed that indeed work activities had commenced without a valid Order of Conditions from this department. A jurisdictional wetland resource area was observed to the rear of your property approximately 50 + feet from new well location. Please be aware that any work within 100 feet of this jurisdictional resource area would normally require a filing with the North Andover Conservation Commission (NACC) pursuant to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, section 40) and the North Andover Wetlands Protection Bylaw (Chapter 178 code of North Andover). Also, please be aware that the North Andover Wetlands Protection Bylaw and Regulations mandates a 50- foot No Disturbance zone and a 50-foot No-Construction Zone, including but not limited to wells, from any jurisdictional resource area. Since work activities have already commenced and activities associated with the installation of the well will be minor in nature, the NACC will allow the well installation through the attached Enforcement Order. However, any future work within 100 feet of this protected resource area shall be proposed to the North Andover Conservation Commission under a Notice of Intent filing or a Request for Determination filing (whichever is applicable) pursuant to the above referenced statutes and procedures. In as such, all work must be conducted in accordance with the following conditions as required under this Enforcement Order: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Pre-Construction ➢ Prior to the continuation of work,trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and approved by the NACC prior to the recommencement of work and shall remain. intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. ➢ Upon the installation of the erosion controls as mandated above, the Conservation Department shall be notified at least 24 hours in advance for a field inspection. During Construction ➢ It is anticipated that the work will be conducted over a short period. All work shall be completed within 4 consecutive business days. No work shall be allowed beyond this time frame unless otherwise approved by the NACC. Further, all work shall be completed by no later than September 30,2005. ➢ For the purposes of this work, no Equipment shall be staged overnight within 100-feet of any resource areas. If this condition cannot be met, the Conservation Ad nistrator shall jf c�nJ be w«� —s tom. w C4yf,,,Jor _VK� be contacted immediately. p° ➢ Any excavated soil materials shall be immediately removed to a location away from any resource area and/or properly disposed of to an off site location. -* e,Kc- "Vat°-1I sods 001 ➢ All disturbed areas shall be immediately stabilized with seed or hay mulch. ➢ Any erosion controls installed must be maintained and remain in place until all disturbed areas have been adequately stabilized. Post Construction ➢ Upon completion of work activities, the Conservation Department shall be contacted for a final site inspection. ➢ Upon confirmation of site stabilization by Conservation staff, erosion controls shall be removed and properly disposed of. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. Any violations to this Enforcement Order as documented herein are subject to no more than a $100 per day penalty' until such time as the Enforcement 1 In accordance with the provisions of MGL c.40 s.211)and Section 178.10 of the North Andover Wetland Protection ByLaw(REV May 1993/REV October 1998) Order is fully complied with. Each day or portion thereof during which any violation continues shall constitute a separate offense. The Conservation Department reserves the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. This Enforcement Order shall become effective upon receipt. Please feel free to contact me or my Associate, Pamela Merrill, should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION ,n Alison E.McKay Conservation Administrator Cc: Ray Santilli, Interim Community Development Director Susan Sawyer, Board of Health Director Pamela Merrill, Conservation Associate MA Department of Environmental Protection, NERO-Wetlands Division NACC File Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: This Enforcement Order is issued by: When filling out forms on the North Andover Conservation Commission September 8, 2005 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Kevin Duffy return key. Name of Violator 32 Paddock Lane VQ- - Address 1. Location of Violation: Property Owner(if different) 32 Paddock Lane Street Address North Andover 01845 City/Town Zip Code 107D 97 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Replacement and Installation of a private well. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc•rev.7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ® Other(specify): Installation of a well without a valid Order of Conditions. See attached letter dated September 8, 2005 for mandated conditions C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc-rev.7114/04 Page 2 of 4 TL-1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: See attached letter dated September 8 2005 for mandated conditions. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay Conservation Administrator or Pamela Merrill, Conservation Associate Name 978-688-9530 Phone Number M-F 8:30-4:30 Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7/14/04 Page 3 of 4 ~ Massachusetts Department of Environmental Protection DEP File Number: Ll Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled ng of the Commission. Signature Signature of delivery person or certified mail number wpaform9a.doc•rev.7/14/04 Page 4 of 4 North Andover Conservation Commission Site Inspection Sheet De - oes_n ave permi n Date: 10 y Address: P&dda c K Lane. Agent/Representative/Owner present: (_a1, ' IF' n d s: 10 y l6� Cnn aa^�o7• ��;t�L.-E�S d�,'117�0� �(l F,'„�S�1t-� 6O ivii (-e) O `SW •�n �n 4c. /I+{ t,6 o(N NOLoe�)e- SO—G pV--1< vo Si a G.L,rr"� i 0.Y Ansi A' � 6 L;¢.✓ 616 Q C4,r r G0-1. 4n 6C ( . '— co-' f 0.G O Vg Ma.i V%,.n AJC se,'i,5 4 S Tp-YJI II {2. A�5A: . 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